Experienced Las Vegas Personal Injury Lawyer

If you are dealing with the aftermath of a devastating accident or facing criminal charges, you should seek knowledgeable legal counsel to protect your interests. Las Vegas personal injury lawyer Malcolm P. LaVergne can help you understand and fully assert your rights. At Malcolm P. LaVergne & Associates, we are committed to providing Nevada residents with comprehensive legal representation that is tailored to their specific circumstances. We believe that we combine the resources of a large firm with the personal attention of a small firm.

Malcolm P. LaVergne not only is familiar with the law but also understands the real-life issues that his clients are facing. He has worked as a construction worker, a volunteer firefighter, an ambulance driver, and a security guard. All of these professions involve industries and situations in which accidents and injuries frequently occur.

If you have been hurt in an accident that was not your fault, you may be able to recover compensation through a personal injury lawsuit. These are civil claims typically filed by a victim against an at-fault party. They may arise from a wide range of accidents, such as car crashes, truck accidents, defective products, construction accidents, medical malpractice, slip and falls, and nursing home neglect. Most personal injury claims are rooted in the legal doctrine of negligence. This is the concept that people are supposed to use a certain degree of care to avoid causing harm to others around them.

Car Accidents

A victim of a car accident can seek many types of damages from a driver who struck them. They may be able to get compensation for their medical costs, lost income, property damage, future lost earning capacity, and future treatment costs, as well as their pain and suffering. To establish your right to these damages, a Las Vegas personal injury attorney would need to show that the defendant failed to act as a reasonable person would have acted behind the wheel, and that you were injured as a result. For example, the driver might have run a red light or stop sign, looked down at their phone to check for a text message, followed another driver too closely, or speeded excessively.

Truck Accidents

Many heavy trucks transport their cargo along Nevada highways. While truck drivers and trucking companies are required to follow certain federal and state regulations, they unfortunately do not always comply. Proof that an accident resulted from a violation of industry regulations can be strong evidence of liability. The injuries and costs in these cases tend to be extensive, and sometimes a truck driver’s insurance policy does not provide adequate compensation. A victim also may be able to bring the trucking company that employed the driver into the litigation. The company may be liable on the basis of the employment relationship or through its own negligence.

Motorcycle Accidents

Motorcycle riders are especially exposed to the elements and to the actions of careless or reckless drivers. If you have been struck while you were riding a motorcycle, you may find that the defendant or the insurer will try to point the finger at you and argue that you were handling your motorcycle carelessly. This is because the modified comparative negligence rule in Nevada allows a defendant to avoid paying any damages if the victim was 50 percent or more at fault. If they were at fault to a lesser degree, they can recover damages that are proportionate to the defendant’s fault. A skilled personal injury lawyer can help Las Vegas motorcycle riders counter a comparative fault argument and preserve their right to damages.

Premises Liability

Restaurants, hotels, casinos, supermarkets, and other businesses have an obligation to keep the safety of their customers in mind. Nevada homeowners also have an obligation to account for the safety of their guests. If a property owner allows a hazard to persist on their premises, and someone is injured as a result, a premises liability claim may arise. Malcolm P. LaVergne can help a victim gather evidence to prove that a property owner knew or should have known about the hazard but took no steps to address it. These cases should be investigated promptly because the necessary evidence may disappear quickly.

Medical Malpractice

Patients in hospitals and other health care facilities may suffer serious harm when they receive negligent treatment by a medical provider. They have a right to bring a medical malpractice claim following a surgical error, a misdiagnosis, an anesthesia error, a birth injury to their child, a failure to properly read lab reports, or another incident of negligence. This usually will involve hiring a medical expert in the defendant’s specialty to testify about the defendant’s incompetent conduct and explain why it did not meet the appropriate standard of care. A Las Vegas personal injury lawyer can help you find a persuasive expert and meet the rules specific to these cases.

Product Liability

As a consumer, you likely use many appliances, tools, and other products each day without fearing that you will be injured. You probably expect the manufacturer to have taken the appropriate precautions before releasing the product to the market. This does not always happen, and sometimes a product suffers from a manufacturing or design defect or a lack of appropriate instructions or warnings. A victim can bring a product liability claim in these situations to hold the manufacturer or someone else in the chain of distribution accountable. They might be able to use a strict liability theory, which means that they would not need to prove negligence by the defendant.

Construction Accidents

Massive construction projects unfold regularly in Nevada, and many residents of the state work in the construction industry. This is one of the most dangerous industries in the economy, however, and workers sometimes suffer disabling injuries on the job. They may be able to get benefits through the workers’ compensation system, which will cover their medical treatment and some of their lost wages, depending on the extent of their job-related disability. In many situations, a construction worker may have an additional third-party personal injury claim against a property owner, contractor, subcontractor, equipment manufacturer, or any other party that does not employ them if that party contributed to the accident.

Nursing Home Negligence and Abuse

An elderly resident of a nursing home may be at risk of physical, emotional, or sexual abuse by staff members who are supposed to be caring for them. In other situations, inadvertent neglect can result in a decline in a resident’s health and psychological wellbeing. A personal injury lawyer can help Las Vegas families assert the rights of their loved one against the facility and the individuals who were responsible. They may be able to recover compensation for the medical treatment required to address the abuse or negligence, as well as the pain and suffering caused by their loved one’s mistreatment.

Criminal Defense

A criminal conviction may have serious and long-term consequences for your life. If you have been arrested or charged with a crime, it is critical to seek the advice of a criminal defense attorney as soon as possible. The prosecution needs to prove that the defendant committed the crime beyond a reasonable doubt, and it is important to hold them to this high standard. Our firm represents people who have been charged with offenses such as DUI, domestic violence, drug offenses, and assault.

Drug Crimes

Many of the most frequently charged crimes in Nevada involve possession and trafficking of controlled substances. Sometimes a defendant may successfully attack the prosecution’s ability to prove the elements of the offense, but often a procedural argument proves just as effective. Under the Fourth Amendment to the U.S. Constitution, all citizens are protected from searches and seizures that are not based on a warrant or probable cause, unless certain exceptions apply. If the police seized evidence without having a proper legal basis, this evidence can be excluded upon a motion to suppress. This may force the prosecution to drop the charges because the evidence may be necessary to proving its case.

DUI

If you have been charged with drunk driving in Nevada, you run the risk of losing your license, going to jail, and paying expensive fines. A first-time DUI is typically a misdemeanor. The basic offense of driving under the influence consists of driving a motor vehicle with a blood alcohol content (BAC) of 0.08 or higher, or while impaired by a drug. Depending on the situation, you may be able to argue that the police lacked probable cause to stop or search you, that other constitutional rights were violated, or that the evidence does not support one or more elements of the charged offense.

Domestic Violence

While abuse in intimate relationships should be taken seriously, not every accusation is warranted. Law enforcement sometimes acts hastily in making an arrest and filing charges based on their first impression of the situation, which may be misleading. Sometimes a criminal attorney can help a defendant attack the accuser’s credibility or show that the accuser has a motive for making a false allegation. They may be trying to gain an advantage in a child custody dispute, for example, or retaliating against the defendant for personal reasons. We can carefully investigate the details of your situation to determine a strategic approach.

Assault

Similar to domestic violence cases, an assault case often hinges on whether the version of events presented by the accuser or the defendant is more persuasive. Sometimes a defendant may have an argument of self-defense if the accuser was the original aggressor. This will involve showing that the degree of force that they used was reasonable under the circumstances and proportionate to the threat posed by the aggressor. A defendant may be able to argue that they were acting in defense of others, such as their family members, as well.

Contact a Personal Injury Attorney in Las Vegas or Get Assistance with Fighting a Criminal Charge

We are proud to offer legal guidance and advocacy at some of the most challenging times in the lives of our clients. Malcolm P. LaVergne understands what it takes to resolve a legal matter smoothly and efficiently. He represents people throughout Clark County, including in Las Vegas, Henderson, Mesquite, North Las Vegas, and Boulder City. Contact us online or call us at 702-448-7981. We will take the time to thoroughly understand your needs and discuss your options.

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400 S 4th St #500

Las Vegas, NV89101

Phone: 702-448-7981

We serve clients throughout Nevada including those in the following localities: Carson City; Clark County including Boulder City, Henderson, Las Vegas, Mesquite, North Las Vegas, Paradise, Spring Valley, Summerlin South, Sunrise Manor, Whitney, and Winchester; Esmeralda County including Goldfield; Nye County including Pahrump and Tonopah; and Washoe County including Reno and Sparks.